District Attorney Demands Jail Time for Becker

Former Santa Clara City Council Member Anthony Becker will be in court later this week for sentencing in his perjury case. Becker was convicted of felony perjury and violation of duty, a misdemeanor, on Dec. 5, 2024. In a court filing in January, District Attorney Jeff Rosen asked the court to sentence Becker to “significant” time in County jail.

In the filing, Rosen offers up two reasons why Becker should serve jail time. First, because he has shown no “remorse” for his crime and has not apologized, and second, because sentencing him would “send a strong message” to others who commit perjury.

While the District Attorney admits that Becker has no prior criminal record and that the People expect he would comply with the terms of probation, the District Attorney’s office “respectfully disagree[s]” with the probation officer’s recommendation that Becker be sentenced to probation.

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The brief goes further to argue that the probation department was incorrect in its assessment, an assessment that was made during a meeting between Becker and a probation officer in December.

“Probation incorrectly states that Becker’s level of remorse ‘remain[s] unknown.’ Becker has shown no remorse for his crimes despite ample opportunity and a public forum to do so,” wrote Rosen.

Becker’s attorney told the Silicon Valley Voice that no members of the District Attorney’s office were present when Becker met with the probation officer.

Politics Is What Rosen Says It Is

It appears the biggest issue that Rosen has is what Becker said in his meeting with the probation officer. According to the court documents, Becker told the probation officer that the conviction was “about politics.”

“Defendant has maligned the verdict as being ‘about politics’ and telling probation that ‘justice was not served.’ These are not the words of a remorseful man who has learned the lesson from his actions and intends to put himself on a path of reconciliation and reform,” wrote Rosen.

That said, Rosen’s reasoning for sentencing Becker to jail time seems to be entirely because Becker was a politician.

“Sentencing Becker to serve actual custody time sends a strong message that the oath means something and that such abuses of trust and power will not be tolerated … Failing to sentence Becker to serve actual jail time would deprecate the seriousness of the crime, signaling the public that corruption, abuse of power, and the oath every witness must swear to abide are not taken seriously by the justice system. Imposing meaningful consequences on Becker will deter other public officials from engaging in similar conduct,” wrote Rosen.

When asked, Becker’s attorney said, “We do not agree with the District Attorney’s assertions.”

The District Attorney’s office called Becker’s crime “self-serving.” It also said Becker was an “active participant” in that there is no evidence to suggest that the 49ers requested the report or encouraged him to leak the documents.

When asked if a felony conviction overrode a person’s rights under the First Amendment, particularly one’s right to free speech, the District Attorney’s office referred the Silicon Valley Voice to the court filing. The court filing did not address the question.

Becker’s attorney told the Silicon Valley Voice that a felony conviction did not supersede a person’s First Amendment rights but offered no further comment.

When asked if an apology was a condition of Becker’s probation, the District Attorney’s office again referred the Silicon Valley Voice to the court filing. The court filing did not address the question.

When the Silicon Valley Voice asked Becker’s attorney if, in his experience, people received lighter sentences after apologizing, Becker’s attorney said, “This is difficult to answer because it depends; it is on a case-by-case basis.”

The Silicon Valley Voice asked the District Attorney’s office if it would change its recommendation if Becker apologized. We were again referred to the court filing. The court filing did not address the question.

The Silicon Valley Voice asked Becker’s attorney if Becker planned to appeal the ruling and received “no comment.” The Silicon Valley Voice asked Becker’s attorney if an apology would negate any appeal and again received “no comment.”

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